63968 Federal Register / Vol. 72, No.
219 / Wednesday, November 14, 2007 / Rules and Regulations
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* * * * * Code of Federal Regulations, the U.S.
[FR Doc. E7–22262 Filed 11–13–07; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
RIN 3206–AL44
Prevailing Rate Systems; Abolishment
of Rock Island, IL, as a
Nonappropriated Fund Federal Wage
System Wage Area
AGENCY: U.S. Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
SUMMARY: The U.S. Office of Personnel
Management is issuing an interim rule
to abolish the Rock Island, Illinois,
nonappropriated fund (NAF) Federal
Wage System (FWS) wage area and
redefine Rock Island County, IL, and
Johnson County, Iowa, as areas of
application to the Lake, IL, NAF FWS
wage area. Carroll County, IL, will no
longer be defined. These changes are
necessary because employment has
significantly declined in the Rock Island
NAF wage area.
DATES: Effective date: This regulation is
effective on November 14, 2007. We
must receive comments on or before
December 14, 2007. Applicability date:
FWS employees remaining in Rock
Island County, IL, and Johnson County,
IA, will be transferred to the Lake, IL,
NAF wage area schedule on the first day
of the first applicable pay period
beginning on or after December 15,
2007.
ADDRESSES: Send or deliver comments
to Charles D. Grimes III, Deputy
Associate Director for Performance and
Pay Systems, Strategic Human
Resources Policy Division, U.S. Office of
Personnel Management, Room 7H31,
1900 E Street, NW., Washington, DC
20415–8200; e-mail pay-performance-
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policy@opm.gov; or FAX: (202) 606–
4264.
FOR FURTHER INFORMATION CONTACT:
Madeline Gonzalez, (202) 606–2838; e-
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mail pay-performance-policy@opm.gov;
or FAX: (202) 606–4264.
SUPPLEMENTARY INFORMATION: The Rock
Island, Illinois, nonappropriated fund
(NAF) Federal Wage System (FWS)
wage area is presently composed of one
survey county, Rock Island County, IL,
and two area of application counties,
Carroll County, IL, and Johnson County,
Iowa. Under section 532.219 of title 5,
Office of Personnel Management (OPM)
may establish an NAF wage area when
there are a minimum of 26 NAF wage
employees in the survey area, the local
activity has the capability to host annual
local wage surveys, and the survey area
has at least 1,800 private enterprise
employees in establishments within
survey specifications. The Department
of Defense (DOD) notified OPM that a
reduction in NAF employment in the
Rock Island wage area has left only 14
NAF FWS employees in Rock Island
County and 9 NAF FWS employees in
Johnson County. DOD recommended
that OPM abolish the Rock Island NAF
FWS wage area and redefine Rock
Island and Johnson Counties as areas of
application to the Lake, IL, NAF FWS
wage area.
Since Rock Island and Johnson
Counties will have continuing NAF
employment and do not meet the
regulatory criteria under 5 CFR 532.219
to be separate survey areas, they must be
areas of application. In defining
counties as area of application counties,
OPM considers the following criteria:
(i) Proximity of largest facilities
activity in each county;
(ii) Transportation facilities and
commuting patterns; and
(iii) Similarities of the counties in:
(A) Overall population;
(B) Private employment in major
industry categories; and
(C) Kinds and sizes of private
industrial establishments.
In selecting a wage area to which
Rock Island and Johnson Counties
should be redefined, proximity favors
the Lake NAF wage area. All other
criteria are inconclusive. Based on the
application of the regulatory criteria,
OPM is defining Rock Island and
Johnson Counties as areas of application
to the Lake NAF wage area.
OPM is removing Carroll County from
the wage area definition. There are no
longer NAF FWS employees working in
Carroll County. Under 5 U.S.C.
5343(a)(1)(B)(i), NAF wage areas ‘‘shall
not extend beyond the immediate
locality in which the particular
prevailing rate employees are
employed.’’ Therefore, Carroll County
should not be defined as part of an NAF
wage area.
PO 00000 Frm 00002 Fmt 4700 Sfmt 4700
The Lake NAF wage area will consist
of one survey county, Lake County, and
eight area of application counties: Cook,
Rock Island, and Vermilion Counties,
IL; Johnson County, IA; Dickinson and
Marquette Counties, Michigan; and
Dane and Milwaukee Counties,
Wisconsin. FWS employees remaining
in the Rock Island wage area will be
transferred to the Lake wage area
schedule on the first day of the first
applicable pay period beginning on or
after December 15, 2007. The Federal
Prevailing Rate Advisory Committee,
the national labor-management
committee responsible for advising
OPM on matters concerning the pay of
FWS employees, has reviewed and
recommended this change by
consensus.
Waiver of Notice of Proposed
Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), I find that good cause exists to
waive the general notice of proposed
rulemaking. Also pursuant to 5 U.S.C.
553(d)(3), I find that good cause exists
for making this rule effective in less
than 30 days. This notice is being
waived and the regulation is being made
effective in less than 30 days because of
the need to transfer the remaining NAF
FWS employees in Rock Island and
Johnson Counties to a continuing wage
area as soon as possible.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will affect only Federal
agencies and employees.
List of Subjects in 5 CFR Part 532
Administrative practice and
procedure, Freedom of information,
Government employees, Reporting and
recordkeeping requirements, Wages.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
■ Accordingly, the U.S. Office of
Personnel Management is amending 5
CFR part 532 as follows:
PART 532—PREVAILING RATE
SYSTEMS
■ 1. The authority citation for part 532
continues to read as follows:
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
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 Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations 63969

Appendix B to Subpart B of Part 532— discriminating against employees for have engaged in protected activities. At
Nationwide Schedule of engaging in protected activity. The NRC the time that NRC took the enforcement
Nonappropriated Fund Regular Wage is also amending its employee action against Five Star Products, Inc.,
Surveys protection regulations related to the and Construction Products Research,
operation of Gaseous Diffusion Plants to Inc., the NRC was engaged in litigation
■ 2. Appendix B to subpart B is conform with the NRC’s other employee with another non-licensee, Thermal
amended by removing, under the State protection regulations and to allow the Science, Inc., that included an issue
of Illinois, ‘‘Rock Island.’’ NRC to impose a civil penalty on the concerning the scope of the
Appendix D to Subpart B of Part 532— United States Enrichment Corporation Commission’s civil penalty authority
Nonappropriated Fund Wage and (USEC or Corporation), as well as a over non-licensees. Consequently, the
Survey Areas contractor or subcontractor of USEC. NRC deferred modifying the NRC’s
DATES: Effective Date: The effective date employee protection regulations
■ 3. Appendix D to subpart B is pending resolution of action in Thermal
of this final rule is December 14, 2007.
amended for the State of Illinois by Science, Inc., v. NRC (Case No.
FOR FURTHER INFORMATION CONTACT:
removing the wage area listing for Rock 4:96CV02281–CAS). That case was
Island, Illinois, and revising the wage Doug Starkey, Office of Enforcement,
U.S. Nuclear Regulatory Commission, subsequently settled.
area listing for Lake, Illinois, to read as On April 14, 2000, the NRC Executive
follows: Washington, DC 20555–0001;
Telephone (301) 415–3456; e-mail Director for Operations (EDO) approved
* * * * * drs@nrc.gov. the establishment of a Discrimination
ILLINOIS Task Group (DTG) to, among other
SUPPLEMENTARY INFORMATION: things, evaluate the NRC’s handling of
* * * * * Background matters covered by its employee
Lake protection regulations. During this
The Commission’s employee
Survey Area review, the DTG held 12 public
Illinois: protection regulations in 10 CFR 30.7,
meetings and provided the public with
Lake 40.7, 50.7, 52.5,1 60.9, 61.9, 63.9, 70.7,
an opportunity to comment on its draft
Area of application. Survey area plus: 71.9, 72.10, and 76.7 prohibit
report. Among other recommendations,
Illinois: discrimination by a Commission
the DTG recommended in its report,
Cook licensee, applicant for a Commission
‘‘Policy Options and Recommendations
Rock Island license, a holder of or applicant for a
for Revising the NRC’s Process for
Vermilion certificate of compliance (CoC) or the
Iowa: Handling Discrimination Issues,’’ dated
Corporation, or contractor or
Johnson April 2002, that rulemaking be initiated
subcontractor of these entities, against
Michigan: to allow the NRC to impose civil
employees for engaging in certain
Dickinson penalties on contractors working for
protected activities. These regulations
Marquette NRC licensees. The DTG received public
Wisconsin: identify certain enforcement actions for comments both in favor of, and opposed
Dane violations of the requirements. The to, the recommendation that NRC
Milwaukee enforcement actions are denial, conduct a rulemaking to allow the
revocation, or suspension of the license imposition of civil penalties against
* * * * *
or certificate; imposition of a civil contractors for violating the NRC’s
[FR Doc. E7–22263 Filed 11–13–07; 8:45 am]
penalty on the licensee or applicant; or employee protection requirements.
BILLING CODE 6325–39–P
other enforcement action. While the The DTG’s report was forwarded to
employee protection regulations the Commission as an attachment to
prohibit discrimination by a contractor SECY–02–0166, ‘‘Policy Options and
NUCLEAR REGULATORY or subcontractor, they do not explicitly Recommendations for Revising the
COMMISSION provide for imposition of a civil penalty NRC’s Process for Handling
on a contractor or subcontractor. Discrimination Issues,’’ dated
10 CFR Parts 30, 40, 50, 52, 60, 61, 63, On January 16, 1998, the NRC issued
70, 71, 72, and 76 September 12, 2002. On March 26, 2003,
an enforcement action against Five Star the Commission issued a Staff
RIN 3150–AH59 Products, Inc., and Construction Requirements Memorandum (SRM) on
Products Research, Inc., contractors to SECY–02–0166, approving the
Clarification of NRC Civil Penalty the nuclear industry, for discriminating recommendations of the DTG as revised
Authority Over Contractors and against one of its employees. Following by the Senior Management Review
Subcontractors Who Discriminate this enforcement action, the NRC Team, subject to certain comments. The
Against Employees for Engaging in considered modifications to the NRC’s Senior Management Review Team was
Protected Activities employee protection regulations that appointed by the EDO to review the
AGENCY: Nuclear Regulatory would clearly allow the NRC, within the final recommendations of the DTG and
Commission. limits of its jurisdiction, to impose civil provide any additional perspectives that
penalties on non-licensees for could enhance the potential options.
ACTION: Final rule.
discriminating against employees who The Commission approved, without
SUMMARY: The Nuclear Regulatory comment, the DTG rulemaking
1 This final rule amends 10 CFR 52.5(c) to
Commission (NRC or Commission) is recommendation regarding civil
conform with the other employee protection
amending its employee protection regulations regarding civil penalties to contractors penalties against contractors.
regulations to clarify the Commission’s and subcontractors. 10 CFR 52.5(c) was not The NRC staff submitted a proposed
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authority to impose a civil penalty upon
a non-licensee contractor or
subcontractor of a Commission licensee,
or applicant for a Commission license
who violates the NRC’s regulations by
included in the proposed rule submitted to the
Commission in SECY–05–0212 because, at that
time, 10 CFR Part 52 did not contain employee
protection provisions. 10 CFR Part 52 has since
been amended (72 FR 49352, in part, to include a
new section, 10 CFR 52.5, Employee protection.
rule to amend the employee protection
regulations to exercise NRC’s authority
to impose civil penalties against
contractors and subcontractors to the
Commission on November 17, 2005

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